One of the most common types of accidents in New Jersey is a slip and fall, often leaving victims with unexpected medical bills, extensive injuries, lost wages, and other damages. One of the most critical elements in these cases is proof of what happened and who is responsible. The importance of surveillance footage in a slip and fall case cannot be overstated. Continue reading for more information, and work with a skilled Monmouth County slip and fall lawyer for experienced legal counsel during your case.
What is the Importance of Surveillance Footage in a Slip and Fall Case in NJ?
Slip and fall cases require a variety of evidence, but arguably the most compelling is video footage of what actually happened. Surveillance footage can make or break a case as it provides objective proof of how the accident occurred. This helps establish negligence, the driving factor behind liability in a personal injury case.
Unlike witness testimony, videos are unbiased and can clearly show the fall and its contributing factors. For example, surveillance footage may reveal:
- Whether the alleged hazard actually existed
- How long the hazard existed before the fall occurred
- Owners or employees ignoring the hazard or failing to notice it
- That there were no verbal warnings, signage, or blockages to prevent an individual from encountering the hazard
As the plaintiff, this can create concrete proof that the property or business owner was negligent and therefore is responsible for your damages.
How Can Video Footage Harm My Case?
It is important to note that while the surveillance footage can show the defendant’s liability, it does not discriminate. The video will show exactly what happened, which can harm your case depending on the details of the situation.
For example, if the defense claims that you fell in a restricted area that you should never have entered or that you were distracted at the time, which is why the accident occurred, the surveillance footage could corroborate their story. However, even if you are found partially responsible, you can still recover compensation for your damages, given that you are less at fault than the other party.
Under New Jersey’s comparative negligence system, you can be awarded damages as long as you are less than 51% responsible for the accident. However, the amount of compensation you are entitled to will be reduced by the percentage you are liable. For example, if your damages total $10,000 but you are 20% responsible for your fall, you can only recover up to $8,000.
Surveillance footage is an important piece of evidence in a slip and fall, providing a clear and objective picture of what went down. However, it has its limitations as well. For more information and to secure the help of an experienced attorney, contact Falcon Law Firm, LLC today.
